ANNOUNCEMENTS
COLORADO COURT OF APPEALS
November 23, 2011
“Slip opinions” are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 08CA1565
Arapahoe County District Court No. 01CR2497
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Victor Mosley,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE RICHMAN
Loeb and Sternberg*, JJ., concur
Court of Appeals No. 10CA1980
El Paso County District Court No. 09JV101
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.L.S., a Child,
and Concerning T.V.,
Respondent-Appellant,
and T.R.S.,
Respondent-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE BERNARD
Fox, J., concurs
Graham, J., dissents
Court of Appeals No. 10CA2039
City and County of Denver District Court No. 07CV1462
Honorable R. Michael Mullins, Judge
Honorable Norman D. Haglund, Judge
Bristol Bay Productions, LLC, f/k/a Crusader Entertainment, LLC,
Plaintiff-Appellant,
v.
Peter Lampack; Peter Lampack Agency, Inc.; Simon & Schuster, Inc.; and
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE DAILEY
Graham and Kapelke*, JJ., concur
Court of Appeals No. 11CA0026
City and County of Denver District Court No. 09CV8778
Honorable Martin F. Egelhoff, Judge
Treece, Alfrey, Musat & Bosworth, PC,
Plaintiff-Appellee,
v.
Department of Finance, City and County of Denver, Colorado,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA1609
Douglas County District Court No. 05CR227
Honorable James F. Macrum, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Reyes Soriano,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GABRIEL
Dailey and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1827
Fremont County District Court No. 07CR235
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Sean Martinez,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Gabriel, J., concurs
Furman, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0396
Boulder County District Court No. 07CR1621
Honorable Maria E. Berkenkotter, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Gene Blake,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0640
City and County of Denver District Court No. 03CR4417
Honorable Robert S. Hyatt, Judge
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marion Jetton,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 09CA1097
Summit County District Court No. 08CR232
Honorable Karen A. Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Elizabeth Tinoco-Tapia,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1578
Weld County District Court No. 08CR1227
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Eugene Fuller,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2700
Arapahoe County District Court No. 97CR847
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randall Midge Minor,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 09CA2769
Weld County District Court No. 09CR814
Honorable Marcelo A. Kopkow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Valerie Lynn Ehrlick,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE FURMAN
Carparelli and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0150
Arapahoe County District Court Nos. 06CR606 & 06CR1102
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Doris Danko-Fix,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0214
Douglas County District Court No. 08CV1010
Honorable Vincent R. White, Judge
Jerry Gnadt,
Plaintiff-Appellant and Cross-Appellee,
v.
Genesys Conferencing, Inc., a Delaware corporation,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0240
City and County of Denver District Court No. 09CR488
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Todd Black,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FURMAN
J. Jones and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0472
Weld County District Court No. 07CR743
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Colin,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 10CA0473
Weld County District Court No. 06CR1487
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eziquio Deleon,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0633
Jefferson County District Court No. 09CR1546
Honorable Dennis Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mihail Stefanov Petrov,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0740
Adams County District Court No. 09CR1093
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Martinez-Bila,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0814
Douglas County District Court No. 99DR185
Honorable Richard B. Caschette, Judge
In re the Marriage of
David R. Campbell,
Appellant,
and
Linda M. Campbell,
Appellee.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0873
Crowley County District Court No. 02CV31
Honorable Michael Schiferl, Judge
Honorable M. Jon Kolomitz, Judge
Michael Milligan
Plaintiff-Appellant,
v.
Rod Cozzeto, Associate Warden, Arkansas Valley Correctional Facility; and Perfecto Hijar, Hearing Officer,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROTHENBERG*
Carparelli and Márquez*, JJ., concur
Court of Appeals No. 10CA0883
Mesa County District Court No. 02CR812
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas West,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE PLANK*
Miller and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1043
Eagle County District Court No. 09CR334
Honorable R. Thomas Moorhead, Judge
Honorable Karen A. Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan Herrera-Lopez,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Russel and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1079
El Paso County District Court No. 09CV264
Honorable G. David Miller, Judge
Phillip David Haskett,
Plaintiff-Appellant,
v.
Lisa Welch Stevens, Esq.; and Lisa Welch Stevens, Attorney at Law, P.C., a Colorado professional corporation,
Defendants-Appellees.
JUDGMENT AND ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1189
Logan County District Court No. 94PR58
Honorable Michael K. Singer, Judge
In the Matter of the Estate of Gregory Alan Kloberdanz, an incapacitated person,
Louise E. Kloberdanz,
Appellant,
v.
Colleen Ann Carmichael and Frank Dale Carmichael,
Appellees.
ORDER Affirmed And CASE
Remanded with Directions
Division III
Opinion by JUDGE ROY
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1768
City and County of Denver District Court No. 07CR359
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Javier Rodriguez-Onchondo,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1810
Douglas County District Court No. 10CV420
Honorable Richard B. Caschette, Judge
Taylor Duane Brack,
Plaintiff-Appellant,
v.
Roxy Huber, Executive Director of the Department of Revenue, Motor Vehicle Division, State of Colorado,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Furman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1936
Jefferson County District Court No. 05CR4256
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William V. Bashaw,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2209
City and County of Denver District Court No. 10CV5498
Honorable Robert S. Hyatt, Judge
Ernest Brim, a/k/a Bernard Home,
Petitioner-Appellant,
v.
The People of the State of Colorado,
Respondent-Appellee.
Order Affirmed
Division III
Opinion by JUDGE ROY
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2267
Colorado State Personnel Board No. 2010B015
John Redding,
Petitioner-Appellant,
v.
Department of Natural Resources,
Respondent-Appellee,
and
State Personnel Board,
Appellee.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2641
El Paso County District Court No. 10CR72
Honorable Scott A. Sells, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Jason Robert Lopez,
Defendant-Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2649
Jefferson County District Court No. 09CR67
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Gene Bruch,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0055
Colorado State Board of Nursing No. 2010-003342
Brenda J. Hart,
Petitioner-Appellant,
v.
Colorado State Board of Nursing,
Respondent-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0075
Jefferson County District Court No. 09DR1505
Honorable Christie B. Phillips, Judge
In re the Marriage of
Michael A. Stonehouse,
Appellee,
and
Julie K. Preger,
Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0313
Moffat County District Court No. 09CV42
Honorable Thomas W. Ossola, Judge
Dawn Trucking Company,
Plaintiff-Appellee,
v.
Gadeco, LLC, a Colorado limited liability company; Universal Drilling Company, Inc., a Colorado corporation; Jack Grynberg; Grynberg Petroleum Company; Grynberg Production Company; and Grynberg Production Corporation,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0840
City and County of Denver Juvenile Court No. 09JV2041
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.S.T.T., a Child,
and Concerning L.S., a/k/a F.L.S,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J. and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0856
El Paso County District Court No. 95CR385
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Russell Arlen Kueker,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0866
Industrial Claim Appeals Office of the State of Colorado
DD No. 1286-2011
Mass Service & Supply, LLC,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Donald C. Owens,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Sternberg*, J., concur
Court of Appeals No. 11CA1616
Industrial Claim Appeals Office of the State of Colorado
DD No. 8324-2011
Joseph A. Land,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Knowles Enterprises, LLC,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1725
Industrial Claim Appeals Office of the State of Colorado
DD No. 12121-2011
Rebecca A. Schaff,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Original Rocky Mountain Pizza, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1898
Industrial Claim Appeals Office of the State of Colorado
DD No. 17208-2011
David E. Ott,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Gunbarrel Import Motors, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
P E T I T I O N S F O R R E H E A R I N G
Court of Appeals No. 08CA1765
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sheila Ann Trapp,
Defendant-Appellant.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2273
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ellen Juvera-Saiz,
Defendant-Appellant.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2333
In re the Marriage of
Craig B. Webb,
Appellee,
and
Dana L. Christiansen,
Appellant.
Court of Appeals No. 11CA0387
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dustin Delaciano Lopez,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1053
Michael J. Bogal,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and WorldPac, Inc.,
Respondents.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1674
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Steven Taylor,
Respondent-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.